There's a story in another thread about a driver who killed a man and put his girlfriend in a wheelchair.
She is unimpressed with the three-year sentence.
tinyurl.com/ya7suah
The killer driver in the following link received an indeterminate sentence:
tinyurl.com/ygl5clr
The second driver is older and has a bad driving record, but I think the public might feel killing a man and crippling his girlfriend is far worse than killing one person.
Seems the courts still take too much notice of the criminal, and not enough of the victims.
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The mere mention of a phone and texts couldn't have had some influence on the sentence, could it?
Cynical, yes I am.
How very sad the first case is and in my opinion the driving ban should be for life.
Pat
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...The mere mention of a phone and texts couldn't have had some influence on the sentence, could it?...
Some influence, yes.
But the final text: 'just dusted the bizzies', was sent six minutes before the first 999 call was received.
The defendant wouldn't say where he had come from, although it is thought to be Durham City.
He crashed about two miles outside Durham City, a journey which may have taken him only a couple of minutes.
So there is no guarantee he was texting when he crashed.
It is also worth pointing out there was no police chase, he did not 'dust the bizzies', so the text was an idle boast to his girlfriend.
All the judge did say was the texting indicated a poor attitude to motoring and motoring law.
As did the fact he bought the car a few months earlier, at a time when he was disqualified from holding a licence.
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He has also been to prison for motoring offences on three occasions, and the judge has set a tariff of 5 years, which means he is up for parole in 2.5 years.
tinyurl.com/yjgxcpu
Just not good enough is it?
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...which means he is up for parole in 2.5 years..
Not quite.
His earliest possible release date is in 2.5 years, but only if the Parole Board are satisfied he is no longer a danger to the public.
Many prisoners on indeterminate sentences are well 'over tariff' which is why they don't like this type of sentence.
Apart from anything else, the Parole Board assessment takes an age and there is a backlog.
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>> Not quite.
>>
>> His earliest possible release date is in 2.5 years but only if the Parole Board
>> are satisfied he is no longer a danger to the public.
Sorry, yes when I originally said up for parole, I meant up for a parole hearing (which is what I thought "up for parole" usually means).
The thing is, is that this is the same with most sentences, that they could, in theory, not get parole (same with the 3 year driver who might only get 18 months). IMHO, it is all far too short. If he got the full 14 years, with a parole hearing in 7 years, that might be a bit more appropriate.
Just the chance that, with good behaviour, he could be out in 2.5 years after killing somebody is frankly sickening.
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...this is the same with most sentences...
SS,
I'm not trying to argue, but it really is not the same as an ordinary sentence.
With an ordinary sentence, release is automatic after half, assuming good behaviour.
With an indeterminate sentence release is far from automatic after half, even with good behaviour.
The prisoner must convince the Parole Board he is no longer a danger to the public - no easy task.
As I said, there are plenty of indeterminate prisoners still locked up way over their halfway point.
I take your point this guy could be out after half, but with a determinate sentence, he would be.
Now, which party is it that is calling for clarity in sentencing? :)
Last edited by: ifithelps on Fri 2 Apr 10 at 15:52
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Right I see what you are saying now about the difference with the indeterminate sentence.
Not to keep repeating myself, but I really don't understand why he shouldn't get an indeterminate sentence with a much longer tariff and much longer parole date.
Not sure who is calling for sentencing clarity, but I do know that I switched from Tory to Labour last night. Can't believe that Cameron is banging on about giving MPs a chance to repeal the fox hunting ban.
He has let his Tory, old school network, blah blah, colours shine through, just at the wrong time for me.
Well, unless they suddenly whip out some tax breaks, and guarantee minimum 25 years for death by dangerous driving, I am not above being bought :)
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The chap who killed the motorcyclist and crippled his fiance...was probably of previous good character, admitted he'd done wrong immediately at the scene, did not run away at the time and pleaded Guilty at court......whether or not 3 years or not is enough can be discussed until the cows come home and i'm sat on the fence...but that's why he got nowhere near the 14 years.
the other one had 'form' as long as your arm
so what are the chances the first one will learn his lesson, (albeit at severe cost to to other people one of whom is no longer with us)...whilst the other one would carry on like it anyway, because 16 previous convictions haven't changed his ways.
You couldn't possibly have a sentencing policy dependant purely on the victim's circumstances...although i'd agree that more weight should go into that area.
P.S. I'm a motorcyclist and very well know the dangers of poor driving on the roads.
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Killer driver jailed indefinitely - Pat
